Patten v. Walker et al

Filing 31

ORDER on REMAND signed by District Judge Ralph R. Beistline on 10/11/2016. (Sant Agata, S)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JASON PATTEN,
Case No. 1:13-cv-00346-RRB
Plaintiff,
ORDER ON REMAND
vs.
J. WALKER, et al.,
Defendants.

The Ninth Circuit Court of Appeals dismissed the appeal filed by Plaintiff Jason
Patten in this matter and issued its mandate. The record in this matter reflects the following
sequence:
June 9, 2015: The Court dismissed the Complaint with leave to amend and revoked
Patten’s in forma pauperis status. Patten was granted through and including July 15, 2015,
within which to file an amended complaint and pay the filing fee.1
July 10, 2015: The Court extended Patten’s time to file his amended complaint and
pay the filing fee through August 14, 2015. 2
August 25, 2015: Patten appealed the Court’s denial of his motion to proceed IFP.3

1

Docket 16.

2

Docket 18.

3

Docket 19.

ORDER ON REMAND
Patten v. Walker, Case No. 1:13-cv-00346-RRB – 1

April 27, 2016: Court of Appeals dismissed the appeal for failure to file an opening
brief.4
June 6, 2016: Court of Appeals reinstated the appeal. 5
October 7, 2016: Court appeals dismissed the appeal and issued its mandate.6
Jurisdiction over this matter has been re-vested in this Court. Therefore, on or
before Monday, November 14, 2016, Patten must:
1. File an Amended Complaint in accordance with the Court’s June 9, 2014, Order;
and
2. Either pay the filing fee or submit a new application to proceed in forma
pauperis.
In the event that Plaintiff fails to file an amended complaint, together with the
filing fee or motion to proceed in forma pauperis, and otherwise comply with the
provisions of this Order within the time ordered by the Court, the Court may dismiss
this action without further notice.
IT IS SO ORDERED this 11th day of October, 2016.
S/ RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE

4

Docket 27.

5

Docket 29.

6

Docket 30.

ORDER ON REMAND
Patten v. Walker, Case No. 1:13-cv-00346-RRB – 2